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Patna High CourtCWJC/15514/2017disposed

Harish Chandra Prasad Yadav And ORS v. The State Of Bihar And ORS

2023-04-21Mr. Justice Partha Sarthy3 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.15514 of 2017 ====================================================== 1.

Harish Chandra Prasad Yadav 2.

Ramvilash Yadav 3.

Hariboal Yadav 4.

Juleshwar Yadav 5.

Girish Yadav @ Pancho, All sons of Late Dhaturi Yadav 6.

Anil Yadav 7.

Ajay Yadav, Both Sons of Late Suresh Yadav 8.

Rajiv Yadav 9.

Chandan Yadav, Both Sons of Late Ramotar Yadav All residents of Village - Bari Mohali, P.O. Basudeopur, P.S. Muffasil, District - Munger.

... ... Petitioner/s

Versus

1.

The State Of Bihar.

2.

The Divisional Commissioner, Munger.

3.

The District Magistrate (D.M.), Munger.

4.

The Deputy Collector, Land Reforms, Sadar, Munger. 5.

The Circle Officer (C.O.), Sadar Block, Munger. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Raj Kumar Choudhary, Advocate For the Respondent/s :

Mr. S.C. Yadav-GP15 ====================================================== CORAM: HONOURABLE MR. JUSTICE PARTHA SARTHY ORAL ORDER 21-04-2023 Heard learned counsel for the petitioners and learned counsel for the respondents.

The petitioners have filed the instant application for commanding the Circle Officer (respondent no.5) Sadar Block, Munger to fix land revenue with respect to the land in question measuring an area of 3.66 acres in Mauja Chekali, Touzi

Patna High Court CWJC No.15514 of 2017(2) dt.21-04-2023 2/3 no.3340, Thana no.49, Khata no.13 and Khesra no.2420 and 2424.

It is the case of the petitioners that inspite of the application of the petitioners to the Circle Officer to fix the rent having been filed as far back in the year 2014, the respondentsauthorities are sitting over the matter and the petitioners were forced to approach this Court.

Learned counsel appearing for the respondents submits that a counter affidavit has been filed on behalf of the respondent nos.2, 3, 4 and 5 wherein in paragraph no.20 read with Annexure-C to the counter affidavit, it has been categorically stated therein that vide Memo no.729 dated 8.6.2018, the Circle Officer, Sadar, Munger has communicated to the writ petitioners for filing an application in Form no.37. Having heard learned counsel for the parties and taking into consideration the materials on record, this application is disposed of with the following directions: (I) The petitioners shall appear before the Circle Officer, Sadar Block, Munger (respondent no.5) within a period of four weeks from today.

(II) The Circle Officer shall provide him information with respect to all the requirements that the petitioners are

Patna High Court CWJC No.15514 of 2017(2) dt.21-04-2023 3/3 required to take for redressal of their grievances ie fixation of the rent in question.

(III) The petitioners shall fulfill the same within a reasonable period.

(IV) The Circle Officer, Sadar Block, Munger (respondent no.5) shall decide the application of the petitioners for fixation of rent and take the same to its logical conclusion within a period of three months.

The writ application stands disposed of with the above observations and directions.

It may be stated here that the Court has not entered into the merits of the case of the respective parties. (Partha Sarthy, J) Saurabh/- U